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What is NYC BC § 1109.2?

Quick Answer

This section mandates that all toilet and bathing rooms be accessible, with specific provisions for nonresidential occupancies and exceptions for private offices. It outlines requirements for accessible fixtures and the percentage of accessible units in clustered facilities. Applies to building owners managing facilities with public or private restroom access.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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1109.2 Toilet and bathing rooms.

BC § 1109.2

Each toilet room and bathing room shall be accessible. Where a floor level is not required to be connected by an accessible route, the only toilet rooms or bathing rooms provided within the facility shall not be located on the inaccessible floor. Except as provided for in Sections 1109.2.2 and 1109.2.3 of this code, at least one of each type of fixture, element, control or dispenser in each accessible toilet room and bathing room shall be accessible. Exceptions: 1. In nonresidential occupancies, for toilet rooms or bathing rooms accessed only through a private office, not for common or public use, and intended for use by a single occupant of such private office, any of the following alternatives are allowed: 1.1 Doors are permitted to swing into the clear floor space provided the door swing can be reversed to meet the requirements in Section 603.2.2 (Door Swing) of ICC A117.1; 1.2 The height requirements for the water closet in Section 604.4 (Height) of ICC A117.1 are not applicable; 1.3 Grab bars are not required to be installed in a toilet room, provided that the reinforcement has been installed in the walls and located so as to permit the installation of such grab bars; and 1.4 The requirement for height, knee and toe clearance shall not apply to a lavatory.

2.This section is not applicable to dwelling units, sleeping units and patient toilet and bathing rooms that are not required to be accessible by Section 1107 of this code.

3.Where multiple single-user toilet rooms or bathing rooms are clustered to be within sight of, or adjacent to one another at a single location, at least 50 percent, but not less than one room for each use at each cluster, shall be accessible. In Group R-2 occupancies, where multiple single-user toilet rooms or bathing rooms are clustered, all such rooms must comply with the design and construction requirements of the Fair Housing Act.

4.In other than Group R-2 occupancies, where no more than one urinal is provided in a toilet room or bathing room, the urinal is not required to be accessible.

5.Toilet rooms or bathing rooms that are part of critical care or intensive care patient sleeping rooms serving Accessible units are not required to be accessible.

6.Toilet rooms or bathing rooms designed for bariatrics patients are not required to comply with the toilet room and bathing room requirements in ICC A117.1. The sleeping units served by bariatrics toilet or bathing rooms shall not count toward the required number of Accessible sleeping units.

7.Where toilet facilities are primarily for children's use, required accessible water closets, toilet compartments and lavatories shall be permitted to comply with children's provision of ICC A117.1.

8.Where multiple single user portable toilet or bathing units are clustered at a single location, at least 5 percent, but not less than one of the toilet units and bathing units at each cluster shall be accessible. Accessible portable toilet units and bathing units shall be identified by the dynamic accessibility symbol complying with Section 1111.1 of this code.

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